7 PROPOSED ADMINISTRATIVE RULES

 

 

ORR #2003-028

 

DEPARTMENT OF CONSUMER & INDUSTRY SERVICES BOARD OF NURSING DIRECTOR’S OFFICE

BOARD OF NURSING - GENERAL RULES

 

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State

 

(By authority conferred on the board of nursing by section 16145 of Act No. 368 of the Public Acts of 1978, as amended, being §333.16145 of the Michigan Compiled Laws director of the department of consumer and industry services by section 17201 of Act No. 368 of the Public Acts of 1978 1978 PA 368, MCL 333.17201 et seq. , as amended, and Executive Reorganization Order Nos. 1996-1 and 1996-2, MCL 330.3101 and 445.2001)

 

NOTE: Effective September 1, 1991, the powers, duties and functions of the Michigan Department of  Licensing and Regulation were transferred to the Michigan Department of Commerce, pursuant to Executive Order 1991-9. Effective May 15, 1996, the powers, duties and functions of the Michigan Department of Commerce were transferred to the Michigan Department of Consumer and Industry  Services, pursuant to Executive Order 1996-2. After May 15, 1996, all reference made to either the Department of Licensing and Regulation or the Department of Commerce in law or rule shall be construed to mean the Michigan Department of Consumer and Industry Services.

 

R 338. 10101, R 338.10102, R 338. 10201, R 338.10202, R 338.10204, R 338.10206, R 338.10301, R

338.10303,  R  338.10307,  R  338.10404,  R   338.10405,  and  R   338.10603  of   the  Michigan

Administrative Code are amended as follows:

 

PART 1. GENERAL PROVISIONS

 

R 338.10101 Definitions.

Rule 101. (1) As used in this part:

(a)     “Act” means Act No. 368 of the Public Acts of 1978, as amended, being § 1978 PA 368, MCL

333.1101 et seq. of the Michigan Compiled Laws.

(b)     “Authorized representative” means the chairperson, vice chairperson, or such other member of the board or staff as the board may formally designate.

(c)    “Board” means the Michigan board of nursing.

(2) Terms defined in the act have the same meanings when used in these rules.

 

R 338.10102 Request for board action.

Rule 102. (1) A person who desires to submit a request for declaratory ruling under Act No. 306 of the Public Acts of 1969, as amended, being § 1969 PA 306, MCL 24.201 et seq. of the Michigan Compiled

 

 

Laws, shall make that request in writing. The request shall be filed with the Michigan Board of Nursing, Department of Licensing and Regulation Consumer and Industry Services, 611 West Ottawa, P.O. Box 30018 30670, Lansing, MI 48909.

(2)   The board or its authorized representative may require the person to submit additional information necessary to make an appropriate resolution of the matter.

 

R 338.10104 Delegation.

Rule 104. (1) Only a registered nurse may delegate nursing acts, functions, or tasks. A registered nurse who delegates nursing acts, functions, or tasks shall do all of the following:

(a)     Determine whether the act, function//,// or task delegated is within the registered nurse’s scope of practice.

(b)    Determine the qualifications of the delegatee before such delegation.

(c)    Determine whether the delegatee has the necessary knowledge and skills for the acts, functions//,// or tasks to be carried out safely and competently.

(d)    Supervise and evaluate the performance of the delegatee.

(e)    Provide or recommend remediation of the performance when indicated.

(2)   The registered nurse shall bear ultimate responsibility for the performance of nursing acts, functions, or tasks performed by the delegatee within the scope of the delegation.

 

PART 2. LICENSURE

 

R 338.10201 Definitions.

Rule 201. (1) As used in this part:

(a)     “Act” means Act No. 368 of the Public Acts of 1978, as amended, being § 1978 PA 368, MCL

333.1101 et seq. of the Michigan Compiled Laws.

(b)    “Board” means the Michigan board of nursing.

(c)    “Completed a practical nurse education program acceptable to the board” means 1 of the following:

(i)    That the applicant is a graduate of a practical nurse education program which is located in Michigan

this state and which is approved by the board.

(ii)     That the applicant is a graduate of a practical nurse education program which is located in another state or territory of the United States jurisdiction if, as required by § 333.16186, and that program is substantially equivalent to the program requirements of article 15 of the act and the rules promulgated by the board.

(iii)     That the applicant is a graduate of a nurse education program that is substantially equivalent to a practical nurse education program approved by the board. and the The applicant has completed the core curriculum for practical nurse applicants. The board shall consider in a nurse education program which is not less than 30 weeks in duration and which includes courses in both theory and clinical practice. in not less than 3 of the 4 areas of nursing included in the core curriculum for practical nurse applicants as  substantially equivalent to a practical nurse education program that is approved by the board.

(d)    “Completed a registered nurse education program acceptable to the board” means 1 of the following:

(i)    That the applicant is a graduate of a registered nurse education program which is located in Michigan

this state and which is approved by the board.

(ii)    That the applicant is a graduate of a registered nurse education program which is located in another state or territory of the United States jurisdiction if, as required by § 333.16186, and that program is substantially equivalent to the program requirements of article 15 of the act and the rules promulgated by the board.

 

 

(iii)    That the applicant is a graduate of a nurse education program which is located outside of the United States and that the applicant is in compliance with the requirements for a certificate from the commission on graduates of foreign nursing schools (cgfns) pursuant to the requirements set forth in the document entitled “Guidebook for Applicants, Edition 17a, January, 1991.” “Path to CGFNS Certification: Applicant Handbook, Edition 29” August, 2001. A copy of the guidebook can be obtained, at no cost, from the Commission on Graduates of Foreign Nursing Schools, 3600 Market Street, Suite 400, Philadelphia, PA 19104-2651 or from the commission’s website at http://www.cgfns.org. A copy of the handbook is available for inspection or distribution at cost from the Department of Commerce Consumer and Industry Services, 611 West Ottawa, P.O. Box  30018 30670, Lansing, MI 48909. , or from the Commission on Graduates of Foreign Nursing Schools,  3600 Market Street, Suite 400, Philadelphia, PA 19194.

(iv) That the applicant is a graduate of a Canadian registered nurse program that is approved by a province in Canada and is taught in English. The applicant shall hold a license to practice nursing in Canada that is active and has not been sanctioned. for a period of at least 5 years immediately preceding the application for a Michigan license.

(e)      “Core curriculum for practical nurse applicants” means courses in both didactic instruction and planned clinical learning in each of the following 4 areas of nursing:

(i)     Medical nursing, which consists of the study of nursing care for the adult patient, both male and female, who is in the acute or chronic phases of a medical illness.

(ii)      Obstetrical nursing, which consists of the study of nursing care for women in the antepartum, labor/delivery, and postpartum phases of pregnancy, and includes the care of the newborn infant and may be referred to as maternal-child nursing. Gynecological nursing alone does not fulfill this obstetric nursing education requirement.

(iii)     Pediatric nursing, which consists of the study of nursing care for children whose ages range from birth through adolescence and who are receiving nursing care for both medical and surgical reasons. This education does not include newborn nursing education.

(iv)     Surgical nursing, which consists of the study of nursing care for the adult patient, both male and female, who is receiving nursing care for a surgical procedure.

(f)     “Core curriculum for registered nurse applicants” means courses in both didactic instruction and planned clinical learning in each of the following 5 areas of nursing:

(i)     Medical nursing, which consists of the study of nursing care for the adult patient, both male and female, who is in the acute or chronic phases of a medical illness.

(ii)      Obstetrical nursing, which consists of the study of nursing care for women in the antepartum, labor/delivery, and postpartum phases of pregnancy, and includes the care of the newborn infant and may be referred to as maternal-child nursing. Gynecological nursing alone does not fulfill this obstetric nursing education requirement.

(iii)     Pediatric nursing, which consists of the study of nursing care for children whose ages range from birth through adolescence and who are receiving nursing care for both medical and surgical reasons. This education does not include newborn nursing education.

 

 

(iv)    Psychiatric nursing, which consists of the nursing care of patients who are receiving nursing care for an acute or chronic psychiatric disorder. It may also be referred to as mental health nursing. Education that covers only areas of mental retardation, organic brain syndromes, or neurological diseases does not fulfill the psychiatric nursing education requirement.

(v)     Surgical nursing, which consists of the study of nursing care for the adult patient, both male and female, who is receiving nursing care for a surgical procedure.

(g)       “Department” means the Michigan department of commerce department of consumer and industry services.

(2) Terms defined in the act have the same meanings when used in these rules.

 

R 338.10202 Examination; adoption; passing scores.

Rule 202. The board approves and adopts the examinations developed by the national council of state boards of nursing, inc., hereafter identified as the “NCLEX-RN” for the registered nurse and the “NCLEX-PN” for the practical nurse. The passing score on the NCLEX-RN shall be a converted score  of not less than 75 and the passing score on the NCLEX-PN shall be a converted score of not less than

75.  Examinees shall achieve a score of pass on the NCLEX computerized adaptive test (cat).

 

R 338.10204 Examinations; eligibility; reexaminations.

Rule 204. (1) To assure eligibility for the examination, an applicant shall submit a completed application on forms provided by the department, together with the requisite fee.

(2)   To be eligible to sit for the NCLEX-RN, an applicant shall establish that he or she has completed a registered nurse education program that is acceptable to the board.

(3)   To be eligible to sit for the NCLEX-PN, an applicant shall establish that he or she has completed a practical nurse education program that is acceptable to the board.

(4)    To be eligible to sit for the NCLEX-PN, an applicant whose nursing education was taught in a language other than English shall demonstrate a working knowledge of the English language in addition to meeting the other requirements of this rule. To demonstrate a working knowledge of English, an applicant shall establish either of the following: document

(a) That he or she has achieved an average score of 80, with scores of not less than 75, on all sections of the English proficiency examination administered by the Michigan state university English language clinic.

(b) That that he or she has obtained a scaled score of not less than 550 on the paper-based test or a scaled score of not less than 213 on the computer-based test of English as a foreign language that is administered by the educational testing service and obtained a score of not less than 50 on the test of spoken English that is administered by the educational testing service.

(5)   An applicant shall complete the NCLEX-RN within 12 months of his or her first attempt at the test in this state or any other U.S. another state. The first attempt at the test shall occur within 2 years of graduation from a registered nurse education program. An applicant may sit for the  NCLEX-RN a maximum of 6 times within a 3-year period from the first time he or she sat for the examination in this or any other state. An applicant who has not achieved a passing score on the examination in accordance with the provisions of this subrule within the 12-month period shall not be eligible to again sit again for the NCLEX-RN until the applicant has repeated completed a registered nurse education program that is acceptable to the board. Thereafter, an applicant may sit for the examination a maximum of 6 times within a 3-year period from the first time he or she sat for the examination after repeating the required registered nurse education program. An applicant who has not achieved a passing score on the examination in accordance with the provisions of this subrule shall not be eligible to again sit for the NCLEX-RN until he or she has again repeated a registered nurse

 

 

education program that is acceptable to the board. Thereafter, an applicant may sit for the examination an additional cycle of three 3 times after repeating the required registered nurse education program. An applicant may sit for the NCLEX-RN a maximum of six 6 times total.

(6)   An applicant shall complete the NCLEX-PN within 12 months of his or her first attempt at the test in this state or any other U.S. another state. The first attempt at the test shall occur within 2 years of graduation from a practical nurse  education program. An  applicant may sit  for the  NCLEX-PN a maximum of 6 times within a 3-year period from the first time he or she sat for the examination in this or any other state. An applicant who has not achieved a passing score on the examination in accordance with the provisions of this subrule within the 12-month period shall not be eligible to again sit again for the NCLEX-PN until the applicant has repeated completed a practical nurse education program that is acceptable to the board. Thereafter, an applicant may sit for the examination a maximum of 6 times within a 3-year period from the first time he or she sat for the examination after repeating the required practical nurse education program. An applicant who has not achieved a passing score on the examination in accordance with the provisions of this subrule shall not be eligible to again sit for the NCLEX-PN until he or she has again repeated a practical nurse education program that is acceptable to the board. Thereafter, an applicant may sit for the examination an additional cycle of three 3 times after repeating the required practical nurse education program. An applicant may sit for the NCLEX-PN a maximum of six 6 times total.

 

R 338.10206 Licensure by endorsement; requirements.

Rule 206. (1) An applicant for licensure by endorsement shall submit a completed application on a form provided by the department, together with the requisite fee. In addition to meeting the other requirements of the act and the administrative rules promulgated pursuant thereto, an applicant who satisfies the requirements of this rule shall be deemed to meet the requirements of section 16186(l)(a) and (d) of the code.

(2)   An applicant for a registered nurse license shall meet both of the following requirements:

(a)     The applicant shall establish that he or she has completed a registered nurse education program that is acceptable to the board as defined in R 338.10201 or that he or she meets all of the following requirements:

(i)    Was first licensed in another state before the effective date of this amendatory rule.

(ii)    Is a graduate of a nurse education program that is located outside the United States.

(iii)     Is a graduate of a nurse education program which is not less than 60 weeks in duration and which includes courses in both theory and clinical practice in not less than 3 of the 5 areas of nursing included in the core curriculum for registered nurse applicants.

(iv)    Has completed the core curriculum for registered nurse applicants.

(b)    An applicant shall establish 1 of the following:

(i)    That he or she was first licensed as a registered nurse in another state pursuant to an examination that was taken before July 13, 1982.

(ii)     That he or she was first licensed as a registered nurse in another state pursuant to an examination that was taken on or after July 13, 1982, but before February 14, 1989, and achieved a score of not less than 1600 on the NCLEX-RN.

(iii)     That he or she was first licensed as a registered nurse in another state pursuant to an examination that was taken on or after February 14, 1989, and achieved a passing score of pass on the NCLEX-RN. of not less than a converted score of 75.

(3)   An applicant for a practical nurse license shall meet both of the following requirements:

(a)    The applicant shall establish that he or she has completed a practical nurse education program that is acceptable to the board.

 

 

(b)    An applicant shall establish 1 of the following:

(i)    That he or she was first licensed as a practical nurse in another state pursuant to an examination that was taken before October 19, 1982.

(ii)    That he or she was first licensed as a practical nurse in another state pursuant to an examination that was taken on or after October 19, 1982, but before October 18, 1988, and achieved a score of not less than 350 on the NCLEX-PN.

(iii)    That he or she was first licensed as a practical nurse in another state pursuant to an examination that was taken on or after October 18, 1988, and achieved a passing score of pass on the NCLEX-PN. of not  less than a converted score of 75.

 

PART 3. NURSING EDUCATION PROGRAMS

 

R 338.10301 Definitions.

Rule 301. As used in this part:

(a)     “Act” means Act No. 368 of the Public Acts of 1978, as amended, being § 1978 PA 368, MCL

333.1101 et seq. of the Michigan Compiled Laws.

(b)     “Clinical experience” means direct nursing care experiences with patients or clients which offer students the opportunity to integrate, apply, and refine specific skills and abilities which are based on theoretical concepts and scientific principles.

(c)     “Clinical laboratory hours” means those hours of the curriculum which are assigned to laboratory practice, simulated learning, and observational experiences which offer the student the opportunity to meet educational objectives.

(d)     “Conceptual framework” means the distinct, systematic organization of concepts which is derived from the philosophy and purposes of the program and gives direction to the curriculum.

(e)     “Cooperating agency” means an individual, organization, or institution which, by written agreement or letter of intent, accepts students and faculty for nursing educational experiences.

(f)       “Curriculum” means implementation of the philosophy, purposes, program objectives, and conceptual framework of the nursing program through the systematic arrangement of courses, including objectives stated in measurable terms and accomplished through appropriate learning experiences planned for a clearly defined group of students and extending over a period of time. Systematic and ongoing evaluation within the context of measurable objectives is inherent in the curriculum.

(g)      “Director of the nursing program” means a qualified nurse who is delegated the authority and accountability for the nursing program by the sponsoring agency.

(h)    “Full approval” means approval of a program granted after satisfactory demonstration to the board of compliance with these rules.

(i)    “Initial approval” means approval which is granted by the board to inaugurate a program of nursing education.

(j)    “Instruction” means educational methodology for achieving curriculum objectives in a classroom.

(k)     “Learning experiences” means planned learning situations, which may include clinical experiences, clinical laboratory hours, or classroom instruction.

(l)     “Major program change” means revision of the program’s philosophy, conceptual framework, or objectives; curriculum revision relating to a revision of the program’s philosophy, conceptual framework, or objectives or change in primary instructional method; the elimination of separate course content for an integrated approach; or a permanent expansion in the number of students served.

(m)       “Nursing process” means the ongoing assessment, analysis, planning, implementation, and evaluation of nursing care.

 

 

(n)     “Observational experience” means a planned learning situation which is nonparticipatory and does not require intervention by the student. Experience shall meet preplanned stated objectives and provide for faculty and student evaluation.

(o)      “Philosophy” means the stated beliefs of a faculty about nursing education and practice which determine the design of the curriculum and the evaluation of the program and which are consistent with the educational philosophy of the sponsoring agency.

(p)    “Practical nurse program” means a nursing program to prepare students for practical nurse licensure. The program is approximately 1 year in duration and awards a certificate of completion.

(q)       “Program of nursing education” means a plan or design indicating the relationship of the components necessary to achieve the goal of preparing persons for licensure as registered or practical nurses under the act.

(r)    “Progress report” means a document to be submitted to the board at a specified interval to respond to definitive questions and requirements of the board as outlined in written form by the board to the sponsoring agency.

(s)     “Registered nurse program” means a nursing program to prepare students for initial registered nurse licensure. The program awards an associate degree with a major in nursing, a diploma in nursing, or a bachelor of science degree in nursing.

(t)     “Self-study report” means a report of all aspects of a program of nursing education based upon the requirements of this part and prepared by the sponsoring agency. The report follows thorough review of all aspects of the program of nursing education by persons who are knowledgeable about the program.

(u)     “Site visit” means a physical inspection of an institution and all the components of its program of nursing education for the purpose of determining compliance with the requirements of this part.

(v)      “Sponsoring agency” means the organization or institution of which the nursing program is a component.

 

R 338.10303 Program approval; procedure.

Rule 303. (1) The following requirements are established for initial approval of a program of nursing education:

(a)    The sponsoring agency shall submit all of the following to the board:

(i)    A letter of intent to initiate a program of nursing education.

(ii)     Evidence that the mission of the sponsoring agency is consistent with provision of a program to prepare students for the practice of nursing as defined in the act.

(iii)    Evidence that the sponsoring agency will provide funding and other support for a nursing education program which meets the requirements defined in this part.

(iv)       If the sponsoring agency is an institution requiring approval of the Michigan department of  education career development to conduct a nursing education program or to confer a particular degree or certificate upon the graduates of the program, a copy of the Michigan department of education career development approval shall be submitted to the board.

(v)     Evidence of the availability of sufficient cooperating agencies which meet the requirements of R 338.10307(5), (6), (7), and (8) to provide clinical experiences for the program.

(vi)    Proposed number of students to become enrolled in the program annually.

(vii)     Proposed first date of admission of students to the nursing sequence of the program.

(viii)       Plans to recruit and employ a qualified director for the program and other faculty members sufficiently in advance of admitting students to the nursing sequence to assure consistency in the planning and implementation of the curriculum. If already appointed, the names and qualifications of the director of the program and other faculty members shall be provided.

 

 

(b)    The board shall require a site visit to the program by the nurse consultant of the board in advance of considering initial approval. A report of the site visit will shall be prepared by the nurse consultant and provided to the board and the sponsoring agency.

(c)     Following initial approval from the board and before initiating the nursing sequence, the program shall submit a self-study report which is approved by the board. The report shall set forth evidence of plans for compliance with the educational requirements of this part.

(d)    Annually, the program director shall submit a progress report during the period of initial approval. When applicable, the progress report shall include information about each of the following:

(i)    Admission, progression, and retention of students.

(ii)    Student achievement on the required licensure examination.

(iii)    Program evaluation.

(iv)    Program changes.

(2)   The sponsoring agency may apply to the board for full approval of the program after graduation of the second class, but shall apply not later than graduation of the fourth class. One class shall be counted for each 12-month period. The following requirements are established for full approval of a program of nursing education:

(a)    The sponsoring agency shall make application to the board in the form of a letter.

(b)      The sponsoring agency shall submit a self-study report. The report shall set forth evidence of compliance with the educational requirements of this part.

(c)      The board shall require a site visit to the program by the nurse consultant of the board before considering full approval. A report of the site visit will shall be prepared by the nurse consultant and provided to the board and the sponsoring agency.

(d)     When granted full approval for the program of nursing education, the sponsoring agency shall continue to meet all of the requirements of this rule. Every 4 years the sponsoring agency shall submit a report to the board which is accepted by the board. The report will alternate a self-study report with an abbreviated report on a form prepared by the board so that a self-study report is submitted every 8 years for non-accredited programs and at least every 10 years for accredited programs. A self-study report prepared for accreditation or reaccreditation re-accreditation by the national league for nursing a nationally recognized accrediting agency of nursing education programs may be submitted in place of the self-study report prepared for the board. The schedule for submission of self-study reports for accredited programs shall follow the schedule of the nationally recognized accrediting agency. These reports shall be submitted to the board within 1 month following receipt of the nationally recognized accrediting agency’s decision on accreditation of the nursing education program.

(3)   Major program changes shall be submitted to the board in writing and shall be approved by the board before implementation. The type of approval, initial or full, under which a program is conducted shall not be altered when the board approves major program changes. All of the following information shall be submitted when requesting approval of a major program change:

(a)     A comparative description of the current and proposed program or portion of the program which is proposed for change.

(b)    Rationale for the change.

(c)    Plans to evaluate the effect of the change.

(d)    Any supporting documents.

 

R 338.10304 Program approval; decision.

Rule 304. (1) Within 90 days after all materials requested by the board have been received, the board shall do 1 either of the following:

 

 

(a)     Grant initial or full approval of the program or approve the program change when the board finds that the requirements of this part are substantially met.

(b)      Deny initial or full approval or approval of the program change when the board finds that the requirements of this part are not substantially met.

(2)   The board shall issue its decision in writing.

(3)    If approval is denied, the sponsoring agency may request a hearing which shall be conducted pursuant to the provisions of Act No. 306 of the Public Acts of 1969, as amended, being § 1969 PA 306, MCL 24.201 et seq. of the Michigan Compiled Laws.

 

R 338.10307 Curriculum; organization, development, implementation, control, and evaluation. Rule 307. (1) The curriculum shall be organized, developed, implemented, controlled, and evaluated on a regularly scheduled basis by the director and the faculty within the framework of the philosophy, purposes, and objectives of the sponsoring agency and those approved by the board.

(2)   The curriculum objectives shall identify the behavioral expectations of the graduate of the program and will shall be used for the following purposes:

(a)    Developing, organizing, implementing, and evaluating the curriculum.

(b)    Identifying objectives for levels of progression and course and program completion.

(c)    Providing to the student an organized pattern to follow in which the sequence of learning is from the simple to the complex and from the known to the unknown, with each learning experience built on previously learned information of nursing and related scientific knowledge.

(d)    Organizing the courses so as to approximate, as closely as possible, the schedules of the sponsoring agency in terms, quarters, semesters, or trimesters.

(e)    Distributing the courses throughout the curriculum so that an unreasonable overload does not exist in any segment of the sequence.

(3)   The statement of the conceptual framework or rationale for the program shall be the basis for the organization of the nursing content of the curriculum.

(4)     The course content and other learning experiences shall promote student growth in all of the following areas:

(a)    The understanding of the roles and responsibilities of the members of the nursing profession.

(b)     The application of the principles of nursing and the sciences which are basic to nursing practice in the development of plans of care for the patient or client.

(c)    The provision of direct and indirect nursing care.

(d)    The understanding of effective human relations and demonstrating the ability to use these principles in nursing situations.

(e)     The recognition of physical, psycho-social psychosocial, and spiritual needs of diverse patients or  clients and patient/client populations in the provision of remedial measures as indicated nursing care.

(f)    The understanding of the manifestations of health and diseases health, including the manifestations of disease and the initiation, organization, and application of the principles underlying the nursing care provided.

(g)    Developing skills and abilities in the administration of all aspects of nursing care, including all of the following:

(i)    Communications.

(ii)    Problem solving.

(iii)    Understanding legal and professional responsibilities.

(iv)    The working relationships with other health care providers.

(h)    Understanding and protecting the rights of patients or clients.

 

 

(5)    All cooperating agencies selected for clinical and laboratory experiences shall have standards of nursing care which demonstrate concern for the patient or client and evidence the skillful application of all measures of safe nursing practice.

(6)   All cooperating agencies shall have a current license, if required, for their operation and adhere to the local zoning ordinances governing their operation.

(7)   When a site visit is made, cooperating agencies may be surveyed as a part of the review process to determine the contribution each makes to the course and program objectives. Selection shall be made by the site visitor.

(8)   Each resource selected to provide clinical experience shall indicate a willingness to cooperate in the curriculum by providing a letter of intent, a written agreement, or a formal contract. Each resource shall provide experiences of a quality and quantity which will enable the student to meet the objectives established for the clinical experience.

 

R 338.10308 Registered nurse program; curriculum; implementation.

Rule 308. The director and faculty of a program of nursing education leading to licensure as a registered nurse shall comply with all of the following provisions:

(a)    Select courses and assure teaching concepts for basic content in the biological, physical, behavioral, and other courses supportive of the nursing major which shall assist the student to improve abilities in all of the following areas:

(i)    Communication.

(ii)    Interviewing.

(iii)    Problem solving.

(iv)    Interpersonal relationships.

(v)     Using scientific principles in providing individualized nursing care to the patient or client. Such courses shall have credits conferred consistent with the policies of the sponsoring agency.

(b)    Provide courses and clinical experiences in the care of all age groups and sexes in medical, surgical, pediatric, geriatric, obstetrical, and psychiatric nursing. Opportunities for learning experiences in community aspects of nursing should shall be made available. The elements of the nursing process shall be emphasized in all nursing courses. Clinical laboratory and clinical experience hours shall be sufficient in number to meet the course and program objectives.

(c)    Assure that courses include content relating to all of the following:

(i)    The legal scope of practice of a registered nurse.

(ii)    The standards of conduct for members of the nursing profession.

(iii)    Historical perspectives of nursing and current legal-ethical issues.

(iv)    Licensure requirements.

(d)    Select cooperating agencies which meet the requirements of R 338.10307(5), (6), and (8).

 

R 338.10312 Program termination; interruption or reduction of admissions.

Rule 312. (1) The board shall be informed when if a date is established for termination of the program of nursing education.

(2)   The board shall be informed regarding the system of retention of student records which are needed for endorsement purposes and proof of scholastic achievement. The board shall retain this information in the closed program files so that graduates may be given the source of information upon request.

(3)    The board shall be informed when if admissions to the program of nursing education are to be reduced or interrupted.

 

PART 4. NURSE SPECIALTY CERTIFICATION

 

 

 

R 338.10404 Certification qualifications; nurse anesthetist, nurse midwife, and nurse practitioner. Rule 404. (1) A specialty certification for a nurse anesthetist shall be granted to a registered nurse who satisfies all of the following requirements:

(a)      Holds a current and valid license to practice nursing in Michigan.

(b)        Submits an application for certification in a specialty area of nursing, on a form provided by the department, and the required fee.

(c)       Meets the standards set forth by either the American association of nurse anesthetists council on certification of nurse anesthetists or the council on recertification of nurse anesthetists. The standards are adopted by reference in these rules and are set forth in the publications entitled "Certification Examination for Nurse Anesthetists, Candidate Handbook," 1997 2003, and “Council on Recertification of Nurse Anesthetists Criteria for Recertification,” 1997 2002., which may be obtained from the Council on Certification of Nurse Anesthetists, 222 Prospect Avenue, Park Ridge, Illinois  60068, at no cost. The recertification standards are also set forth in the publication entitled "Council on Recertification Criteria for Recertification," April 30, 1997. The These publications may be obtained from the American Association of Nurse Anesthetists Council on Recertification of Nurse Anesthetists, 222 South Prospect Avenue, Suite 202, Park Ridge, Illinois IL 60068, at no cost or from the association’s website at http://[e-mail], at no cost. A copy of the The standards may be obtained is available for inspection and distribution at cost from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing, Michigan MI 48909., at no cost.

(2)   A specialty certification for nurse midwife shall be granted to a registered nurse who satisfies all of the following requirements:

(a)    Holds a current and valid license to practice nursing in Michigan.

(b)     Submits an application for certification in a specialty area of nursing, on a form provided by the department, and the required fee.

(3)     A specialty certification for nurse practitioner shall be granted to a registered nurse who satisfies all of the following requirements:

(a)      Holds a current and valid license to practice nursing in Michigan. (b) Has a bachelor of science degree, or higher degree, in nursing.

(c)   (b) Submits an application for certification in a specialty area of nursing, on a form provided by the department, and the required fee.

(d)Has successfully completed a formal advanced program for nurse practitioners that consists of a combination of didactic and clinical training with a minimum of 120 hours or 30% of the program's hours, whichever is less, devoted to classroom theory and a minimum of 360 hours or 30% of the program's hours, whichever is less, devoted to supervised clinical practice in the specialty area. The program shall encompass a minimum of 1 academic year or 9 months.

(e) Meets the advanced practice certification standards of the

 

 

American nurses credentialing center, the national certification board of pediatric nurse practitioners and  nurses, the national certification corporation for the obstetric and gynecologic and neonatal nursing specialties, the American academy of nurse practitioners, and the oncology nursing certification corporation. The standards are adopted by reference in these rules and are set forth in the publications entitled "American Nurses Credentialing Center Advanced Practice Certification Catalog 1997," which may be obtained from the American Nurses Credentialing Center, 600 Maryland Avenue, SW, Suite 100  West, Washington, DC 20024-2571, at no cost; the publication entitled "National Certification Board of  Pediatric Nurse Practitioners and Nurses 1997," which may be obtained from the National Certification Board of Pediatric Nurse Practitioners and Associates, 800 South Frederick Avenue, Suite 104,  Gaithersburg, MD 20877, at no cost; the publication entitled " NCC 1997 Registration Catalog," which may be obtained from the National Certification Corporation for the Obstetric, Gynecologic and Neonatal Specialties, Suite 1058, P. O. Box 11082, Chicago, Illinois 60611, at no cost; the publication entitled “American Academy of Nurse Practitioners Report on Certification Methodologies 1997,” which may be obtained from the American Academy of Nurse Practitioners, Certification Program,  Capitol Station, P.O. Box 12926, Austin, TX 78711, at no cost; and the publication entitled “Oncology  Nursing Certification Corporation Test Bulletin 1997,” which may be obtained from The Oncology  Nursing Certification Corporation, 501 Holiday Drive, Pittsburgh, PA 15220-2749 at no cost. The standards may be obtained from the Michigan Board of Nursing, Department of Consumer and Industry  Services, P.O. Box 30670, Lansing, Michigan 48909, at no cost.

(c)      Meets the advanced practice certification standards of one 1 of the following certification organizations:

(i)    The American nurses credentialing center, whose standards are adopted by reference and are set forth in the publication entitled “American Nurses Credentialing Center (ANCC) Certification, Advanced Practice and Informatics Nurse, Computer-Based Testing” 2002, which may be obtained at no cost from the American Nurses Credentialing Center, 600 Maryland Avenue SW, Suite 100 West, Washington, DC 20024-2571 or at http://www.nursecredentialing.org.

(ii)      The national certification board of pediatric nurse practitioners and nurses, inc. whose standards are adopted by reference in these rules and are set forth in the publication entitled National Certification Board of Pediatric Nurse Practitioners and Nurses, Inc. National Qualifying Exam and Certification Maintenance Program, 2003” which may be obtained at no cost from the National Certification Board of Pediatric Nurse Practitioners and Nurses, Inc., 800 South Frederick Avenue, Suite 104, Gaithersburg, MD 20877 or at http://www.pnpcert.org.

(iii)     The national certification corporation (ncc) for obstetric, gynecologic, and neonatal nursing specialties, whose standards are adopted by reference in these rules and are set forth in the publication entitled “NCC Registration Catalog” 2003 Edition edition, which may be obtained at no cost from the National Certification Corporation, P.O. Box 11082, Chicago, IL 60611 or at http://www.nccnet.org.

(iv)     The American academy of nurse practitioners, whose standards are adopted by reference in these rules and are set forth in the publication entitled “American Academy of Nurse Practitioners Report on Certification Methodologies 1997,” which may be obtained at no cost from the Academy of Nurse Practitioners, Certification Program, Capitol Station, P.O. Box 12926, Austin, TX 78711.

(v)    Oncology nursing certification corporation, whose standards are adopted by reference in these rules and are set forth in the publication entitled “The 2003 Oncology Nursing Certification Corporation  Certification  Bulletin,”  which  may  be  obtained  at  no  cost  from  The  Oncology

 

 

Nursing Certification Corporation, 125 Enterprise Drive, Pittsburgh, PA 15275-1214 or at http://www.oncc.org.

(4) The standards listed in subrules (i), (ii), (iii), (iv), and (v) also are available for inspection and distribution at cost from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

 

R 338.10405 Certification renewal or reregistration; schedule; requirements; maintenance of evidence of compliance.

Rule 405. (1) Certification renewal shall correspond with the same schedule as the license renewal.

(2)     An applicant for renewal who held a specialty certification for the 2-year period immediately preceding license renewal or an applicant for reregistration of a specialty certification pursuant to section 16201(3) or (4) of the code shall meet the following requirements, as applicable:

(a)     For the nurse anesthetist, the applicant shall have obtained recertification, within the 2-year period immediately preceding the application, that meets the requirements of the council on recertification of nurse anesthetists set forth in the publication entitled “Council on Recertification of Nurse Anesthetists Criteria for Recertification,” 1987 2002. The publication is adopted by reference in this rule and may be obtained at no cost from either the Council on Recertification of Nurse Anesthetists, 216 Higgins Road, 222 South Prospect Avenue, Park Ridge, Illinois IL 60068, or from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30018 30670, Lansing, Michigan MI 48909.

(b)    For the nurse midwife, the applicant shall meet either one 1 of the following requirements:

(i) Have completed, within the 2-year period immediately preceding the application, the continuing competency assessment requirements of the American college of nurse-midwives set forth in the publication entitled “An Introduction to Continuing Competency Assessment Program, 1989-1990.” The publication is adopted by reference in this rule and may be obtained at no cost from either the American College of Nurse-Midwives, 1522 K Street, N.W., Suite 1000, Washington, D.C. 20005, or from the Michigan Board of Nursing, P.O. Box 30018, Lansing, Michigan 48909.

(i)    If initially certified prior to before 1996, have completed, within the 2-year period immediately preceding the application, the continuing competency assessment requirements of the American College of Nurse-Midwives set forth in the publication entitled “The Continuing Competency Assessment Program of The American College of Nurse-Midwives, 1999.” The publication is adopted by reference in this rule and may be obtained at no cost from the American College of Nurse Midwives, 818 Connecticut Avenue, NW, Suite 900, Washington, DC 2006 or at http://www.midwife.org. The publication also is available for inspection and distribution at cost from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P. O. Box 30670, Lansing, MI 48909.

(ii)       If initially certified after January 1, 1996, have obtained recertification or maintained certification, within the 2-year period immediately preceding the application, that meets the requirements of the American College of Nurse-Midwives Certification Council, Inc. (ACC) set forth in the publication entitled “Certificate Maintenance,” December 2002. The publication is adopted by reference in this rule and may be obtained at no cost from the ACC, 8201 Corporate Drive, Suite 550, Landover, MD 20785 or at http://www.accmidwife.org. The publication also is available for inspection and distribution at cost from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

(ii) (iii) Have completed 20 continuing education units in the nursing specialty field within the 2-year period immediately preceding the application.  The board approves and adopts by reference in this rule

 

 

the standards listed in paragraph (i) subrules paragraphs (i) and (ii) of this subdivision for approving continuing education offerings for the nurse midwife.

(c)      For the nurse practitioner, the applicant shall meet either of the following requirements: the following requirements appropriate to his or her current source of certification:

(i)       Have Those holding national certification as a nurse practitioner shall have obtained recertification or maintained certification, within the 2-year period immediately preceding the application, that meets the requirements of the following organizations. The following publications are adopted by reference in this rule and may be obtained from the specific organization, as listed below. These publications also are available for inspection and distribution at cost from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa,

P.O. Box 30670, Lansing, MI 48909.

(A)       The American nurses credentialing center as set forth in the publication entitled “Recertification Catalog”, 2003. This publication is adopted by reference in this subrule and may be obtained at no cost from the American Nurses Credentialing Center, 600 Maryland Avenue, SW, Suite 100 West, Washington, DC 20024-2571 or at http://www.nursecredentialing.org.

(B)   The national certification board of pediatric nurse practitioners and nurses as set forth in the publication entitled “National Certification Board of Pediatric Nurse Practitioners and Nurses, Inc. National Qualifying Exam and Certification Maintenance Program, 2003”. This publication is adopted by reference in this subrule and may be obtained at no cost from the National Certification Board of Pediatric Nurse Practitioners and Nurses, Inc., 800 South Frederick Avenue, Suite 104, Gaithersburg, MD or at http://www.pnpcert.org .

(C)   The national certification corporation (ncc) for obstetric, gynecologic, and neonatal nursing specialties set forth in the publication entitled “NCC Certification Maintenance Program” 2003 Edition. This publication is adopted by reference in this subrule and may be obtained at no cost from the National Certification Corporation, P.O. Box 11082, Chicago, IL 60611 or at http://www.nccnet.org. American nurses association, the national certification board of pediatric nurse  practitioners and nurses, or the nurses association of the American college of obstetricians and gynecologists (NAACOG) set forth in the publications entitled “American Nurses Association Recertification Requirements,” 1990, which may be obtained from the American Nurses Association,  2420 Pershing Road, Kansas City, Missouri 64108, at no cost; “National Certification Board of Pediatric  Nurse Practitioners and Nurses 1990 Pediatric Nurse Practitioner Certification and Certification Maintenance Programs,” Which may be obtained from the National Certification Board of Pediatric  Nurse Practitioners and Nurses, 414 Hungerford Drive, Suite 411, Rockville, Maryland 20850, at no cost; and “1990 NAACOG Certification Corporation Certification Maintenance Program,” which may  be obtained from the Nurses Association of the American College of Obstetricians and Gynecologists,  645 North Michigan Avenue, Suite 1058, Chicago, Illinois 60611. Copies of these publications may  also be obtained from the Michigan Board of Nursing, P.O. Box 30018, Lansing, Michigan 48909, at no  cost. The publications are adopted by reference in this rule.

(ii)     Having Those applicants who obtained Michigan board certification as a nurse practitioner prior to before 1991, shall have completed 40 continuing education units in the nursing specialty field within the 2-year period immediately preceding the application. The board approves and adopts by reference in this rule the standards listed in paragraph (i) of this subdivision for approving continuing education offerings for the nurse practitioner.

(3)   An applicant or licensee shall maintain evidence of his or her compliance with the requirements of this rule for a period of 4 years after the date of application, during which time the board may require the licensee to submit such evidence for audit.

 

 

PART 6. CONTINUING EDUCATION

 

R 338.10601 License renewals; relicensure; requirements; applicability.

Rule 1. (1) This part applies to applications for renewal of a nursing license and applications for relicensure pursuant to 333.16201(3) that are filed 2 years or more after the effective date of these rules.

(2)   An applicant for license renewal who has been licensed for the 2-year period immediately preceding the expiration date of the license or an applicant for relicensure shall accumulate not less than 25 continuing education contact hours that are approved by the board pursuant to these rules during the 2 years preceding an application for renewal or relicensure.

(a)   An applicant for license renewal shall complete at least 1 continuing education contact hour in pain and pain symptom management in each renewal period. Continuing education contact hours in pain and pain symptom management may include, but are not limited to, courses in behavior management, psychology of pain, pharmacology, behavior modification, stress management, clinical applications, and drug interactions.

(3)   Submission of an application for renewal or relicensure shall constitute the applicant’s certification of compliance with the requirements of this rule. A nurse shall retain documentation of meeting the requirements of this rule for a period of 4 years from the date of applying for license renewal or relicensure. Failure to comply with this rule shall be deemed to be is a violation of section 16221(g) of the act.

 

R 338.10603 Continuing nursing education programs; methods of approval.

Rule 3. (1) The board approves and adopts by reference the standards of the American nurses credentialing center’s commission on accreditation that are set forth in the publications entitled “The 2001-2002 American Nurses Credentialing Center’s Manual for Accreditation as a Provider of Continuing Nursing Education” in Nursing 1991" and “The 2001-2002 American Nurses Credentialing Center’s Manual for Accreditation as an Approver of Continuing Nursing Education.”  in Nursing 1991.” Copies of the A copy of these publications are available for inspection at the office of the Michigan Board of Nursing, 611 West Ottawa Street, Lansing, MI 48933, or may be purchased from the American Nurses Credentialing Center, Accreditation Unit, Program, 600 Maryland Avenue, SW, Suite 100W, West, Washington, DC 20024, or at http://www.nursingworld.org/ancc at a cost of

$50.00 per manual as of the time of adoption of these rules. of $20.00 per manual. A copy of these publications also is available for inspection and distribution at cost from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

(2)   The board approves and adopts by reference the standards and criteria of the national association for practical nurse education and service, inc. that are set forth in the publication entitled “NAPNES Criteria for Approval of Continuing Education 1986.”, January 2003. A copy of the publication may be obtained from the Michigan Board of Nursing, P.O. Box 30018, Lansing, MI 48909, at no cost, or the National Association for Practical Nurse Education and Service, Inc., 1400 Spring Street, Suite 310, 8607 2nd Avenue, Suite 404A, Silver Spring, MD 20910, at a cost of $3.00 as of the time of adoption of

these rules of $3.00 or at http://www.napnes.org at no cost. A copy of this publication is available for inspection and distribution at cost from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

(3)   The board approves and adopts by reference the standards, criteria, and guidelines adopted by the national league for nursing in January 1983 and the American college of nurse-midwives in March 1988  and set forth in the publication entitled “The Continuing Education Unit Criteria and Guidelines”, Fifth Edition  2002,  International  Association  for  Continuing  Education  and  Training.”  A  copy  of  the

 

 

standards, criteria, and guidelines may be obtained at no cost from the Michigan Board of Nursing, P.O.  Box 30018, Lansing, MI 48909, the National League for Nursing, 350 Hudson Street, New York, NY 10014, or the American College of Nurse-Midwives, 818 Connecticut Avenue, NW, Suite 900,  Washington, DC 20006. September 2001 and set forth in the document entitled “National League for Nursing (NLN) Continuing Education Provider Program.”  A copy of the guidelines may be

obtained at no cost from the National League for Nursing, 61 Broadway, 33rd Floor floor, New York, NY 10006 or at http://www.nln.org. A copy of this document is available for inspection and distribution at cost at the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

(4)   The board approves and adopts by reference the standards, criteria, and guidelines adopted by the American College of Nurse-Midwives in March 1988 and set forth in the publication entitled “The Continuing Education Unit Criteria and Guidelines,” 2002, from the International Association for Continuing Education and Training. A copy may be obtained at no cost from the American College of Nurse-Midwives, 818 Connecticut Ave., NW, Suite 900, Washington, DC 20006 or at http://www.midwife.org . A copy of this document is available for inspection and distribution at cost at the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

(5)    The board approves and adopts by reference the standards and criteria of the American association of nurse anesthetists as set forth in the “American Association of Nurse Anesthetists (AANA) Continuing Education Program 2002” which is available at no cost from the American Association of Nurse Anesthetists, 222 S. Prospect Avenue, Park Ridge, IL 60068 or at http://www.aana.com. A copy of this document is available for inspection and distribution at cost from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

(5)     (7) The board approves and adopts by reference the standards for commercial support for continuing medical education of the accreditation council for continuing medical education’s “Essential Areas, Elements, and Decision-Making Criteria, July 1999” on October 29, 1982, in accrediting organizations in institutions offering providers of continuing medical education. programs. The standards may be obtained at no cost from either the Michigan Board of Nursing, P.O. Box 30018,  Lansing, MI 48909, or the Accreditation Council for Continuing Medical Education, P.O. Box 245, Lake Bluff, IL 60044. 515 N. State Street, Suite 2150, Chicago, IL 60610-4377 or at http://www.accme.org. A copy of this document is available for inspection and distribution at cost from the Michigan Board of Nursing, Department of Consumer and Industry Services, 611 West Ottawa, P.O. Box 30670, Lansing, MI 48909.

(7)   (9) The board may deny approval of programs offered by institutions and organizations if it appears to the board that the programs offered by those institutions or organizations fail to demonstrate compliance with the legislative intent to further educate licensees on subjects related to the practice of nursing.